Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/HB 7087, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             03/08/2018 03:01 PM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 1007 and 1008
    4  insert:
    5         Section 19. Effective upon this act becoming a law,
    6  paragraph (c) of subsection (1), paragraph (b) of subsection
    7  (5), and paragraph (b) of subsection (8) of section 212.055,
    8  Florida Statutes, are amended, and subsection (10) is added to
    9  that section, to read:
   10         212.055 Discretionary sales surtaxes; legislative intent;
   11  authorization and use of proceeds.—It is the legislative intent
   12  that any authorization for imposition of a discretionary sales
   13  surtax shall be published in the Florida Statutes as a
   14  subsection of this section, irrespective of the duration of the
   15  levy. Each enactment shall specify the types of counties
   16  authorized to levy; the rate or rates which may be imposed; the
   17  maximum length of time the surtax may be imposed, if any; the
   18  procedure which must be followed to secure voter approval, if
   19  required; the purpose for which the proceeds may be expended;
   20  and such other requirements as the Legislature may provide.
   21  Taxable transactions and administrative procedures shall be as
   22  provided in s. 212.054.
   24  SURTAX.—
   25         (c) The proposal to adopt a discretionary sales surtax as
   26  provided in this subsection and to create a trust fund within
   27  the county accounts shall be placed on the ballot in accordance
   28  with law and must be approved in a referendum held at a general
   29  election as set forth in subsection (10) at a time to be set at
   30  the discretion of the governing body.
   31         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
   32  s. 125.011(1) may levy the surtax authorized in this subsection
   33  pursuant to an ordinance either approved by extraordinary vote
   34  of the county commission or conditioned to take effect only upon
   35  approval by a majority vote of the electors of the county voting
   36  in a referendum. In a county as defined in s. 125.011(1), for
   37  the purposes of this subsection, “county public general
   38  hospital” means a general hospital as defined in s. 395.002
   39  which is owned, operated, maintained, or governed by the county
   40  or its agency, authority, or public health trust.
   41         (b) If the ordinance is conditioned on a referendum, the
   42  proposal to adopt the county public hospital surtax shall be
   43  placed on the ballot in accordance with subsection (10) law at a
   44  time to be set at the discretion of the governing body. The
   45  referendum question on the ballot shall include a brief general
   46  description of the health care services to be funded by the
   47  surtax.
   49         (b) Upon the adoption of the ordinance, the levy of the
   50  surtax must be placed on the ballot by the governing authority
   51  of the county enacting the ordinance. The ordinance will take
   52  effect if approved by a majority of the electors of the county
   53  voting in a referendum held for such purpose. The referendum
   54  shall be placed on the ballot of a general regularly scheduled
   55  election. The ballot for the referendum must conform to the
   56  requirements of s. 101.161.
   57         (10) DATES FOR REFERENDA.—A referendum to adopt or amend a
   58  local government discretionary sales surtax under this section
   59  shall be held at a general election as defined in s. 97.021.
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete line 68
   64  and insert:
   65         government infrastructure surtax; providing that a
   66         referendum to adopt or amend a local discretionary
   67         sales surtax must be held at a general election;
   68         amending ss. 212.08,